5 Regulation 10 amended (GST)

10A Director-General may require information for purpose of calculating levies

(1)

The Director-General may, in relation to the commodities described in subclause (3), require any person who is required to pay levies prescribed in Schedule 2 to provide the information described in that subclause for the purpose of calculating the amount of levy payable by the person.

(2)

A person required to provide information under this regulation must provide the information to the Director-General by the date specified by the Director-General.

(3)

The information that may be required under this regulation is the information described in the following table:

Commodity

Information that may be required to be provided to Director-General

Fish and bivalve molluscan shellfish

Estimate of tonnes to be processed for the next year (1 July to 30 June) and reconciled at the end of that year, or actual data on tonnes processed for the previous month, or both

If the Director-General requires a person to provide information under this regulation, but the information is not provided or is not provided within the time required, the Director-General may give the person an estimate of the levy payable based on an estimate of the numbers of animals to be slaughtered or tonnes of fish or shellfish to be processed, as the case may be, for the next 1 July to 30 June year.

(5)

If a person provides the information later than the date specified under subclause (2), the Director-General—

(a)

must reconcile the estimated numbers or tonnes with the information provided; and

(b)

must repay any over-recovered levy; and

(c)

may demand payment of any under-recovered levy.

(6)

Subclause (5) applies only if the information is provided not later than 90 days after the date specified under subclause (2).

$155.00plus assessment charge on hourly basis after the first hour as specified in Part 2

29

Application for approval of MPI Devices (brands/seals) made under the Animal Products (Export Requirements for Branding, Marking and Security Devices) Notice 2012 or any replacement notice

$155.00 per applicationplus assessment charge on hourly basis after the first hour as specified in Part 2

30

Application to be certified as either a certified supplier (wild animals) or a certified game estate supplier under the Animal Products (Specifications for Products Intended for Human Consumption) Notice 2013 or any replacement notice

$155.00 per applicationplus assessment charge on hourly basis after the first hour as specified in Part 2

31

Applications for re-certification as either a certified supplier (wild animals) or a certified game estate supplier under the Animal Products (Specifications for Products Intended for Human Consumption) Notice 2013 or any replacement notice

$155.00 per applicationplus assessment charge on hourly basis after the first hour as specified in Part 2

32

Application for listing as further (pet food) processor under the Animal Products (Specifications for Products Intended for Animal Consumption) Notice 2014 or any replacement notice

$155.00 per applicationplus assessment charge on hourly basis after the first hour as specified in Part 2

33

Applications to re-list as a further pet food processor under the Animal Products (Specifications for Product Intended for Animal Consumption) Notice 2014 or any replacement notice

$77.50 per applicationplus assessment charge on hourly basis after the first 30 minutes as specified in Part 2

34

Notification of change of a recognised agency on a risk management programme under sections 16(2) and 19(g)

$77.50 per notificationplus assessment charge on hourly basis after the first 30 minutes as specified in Part 2

35

Application to list as an approved halal premises under the Animal Products (Overseas Market Access Requirements for Halal Assurances) Notice 2015 or any replacement notice

$155.00 per applicationplus assessment charge on hourly basis after the first hour as specified in Part 2

36

Application to list as an approved halal organisation under the Animal Products (Overseas Market Access Requirements for Halal Assurances) Notice 2015 or any replacement notice

$155.00 per applicationplus assessment charge on hourly basis after the first hour as specified in Part 2

$155.00 per applicationplus assessment charge on hourly basis after the first hour as specified in Part 2

39

Listing of halal assessment and approval personnel and a competent halal slaughter person under the Animal Products (Overseas Market Access Requirements for Halal Assurances) Notice 2015 or any replacement notice

$155.00 per listingplus assessment charge on hourly basis after the first hour as specified in Part 2

40

Inspection and audit under the Animal Products Act 1999

Assessment charge on hourly basis as specified in Part 2

41

Performance of a function, power, or duty that is—

required to be undertaken under the Animal Products Act 1999, including under any regulations or notices; and

not prescribed elsewhere in these regulations

$77.50plus assessment charge on hourly basis after the first 30 minutes as specified in Part 2

42

Application for approval of any maintenance compounds that is required to be undertaken under the Animal Products Act 1999, including under any regulations or notices

$77.50 per applicationplus assessment charge on hourly basis after the first 30 minutes as specified in Part 2

*Fee or charge exclusive of any applicable costs payable under Parts 3, 4, and 5

Part 2 Assessment charges on hourly basis

Where Part 1 specifies an assessment charge on an hourly basis, that charge is to be determined as follows for each hour (or final part-hour) beyond the first 15 minutes, the first 30 minutes, the first hour, the first 2 hours and 30 minutes, or the first 3 hours, as the case may be, spent on assessing the matter concerned:

Category

Fee($)

(a)

For each hour (excluding final part-hour) spent by a person employed by the Ministry (not relating to live animals or germplasm)

155.00

(b)

For each 15-minute block in final part-hour spent under paragraph (a)

38.75

(c)

For each hour (excluding final part-hour) spent by a person employed by the Ministry (relating to live animals or germplasm)

186.30

(d)

For each 15-minute block in final part-hour spent under paragraph (c)

46.58

(e)

For each hour (excluding final part-hour) spent by a person employed by the Ministry under item 4 in Part 1 of this schedule

102.27

(f)

For each 15-minute block in final part-hour spent under paragraph (e)

25.57

(g)

For each hour (excluding final part-hour) spent by a person who is not employed by the Ministry

155.00

(h)

For each 15-minute block in final part-hour spent under paragraph (g)

38.75

Part 3 Costs incurred by Ministry at request of operator, etc

1

Actual and reasonable costs, including actual and reasonable incidental and additional costs incurred by a Ministry employee, or a person engaged by the Ministry who is not an employee, may be recovered by the Ministry where those costs arise from a request by, or an act or omission of, any person under the Act or regulations or notices made under the Act.

2

(a)

(b)

disbursements such as the costs of photocopying, printing and stationery, telephone, fax, video conferencing, postage, and couriers.

3

For technical staff providing support for the delivery of specialist services in relation to functions, duties, or powers under the Animal Products Act 1999 or any regulations or notice made under that Act, a fee of $155.00 per hour is payable, in 15-minute increments, by the person whose actions result in the function, duty, or power being required to be exercised or performed.

Part 4 Travel costs

Where travel of a Ministry officer or employee is required for any of the matters specified in Parts 1, 2, 3, 7, and 8, an additional amount of $0.67 per kilometre travelled by the officer or employee is payable in addition to the relevant fee or charge.

Part 5 Cost of other work-related allowances

Additional amounts are payable in respect of the actual and reasonable cost to the Ministry of work-related allowances paid to Ministry officers and employees where these are fairly attributable to any of the matters specified in Parts 1, 2, 3, 7, and 8.

Without limiting the generality of what constitutes a work-related allowance, these include matters such as meal allowances, clothing and laundry allowances, and field, standby, and isolation allowances.

Part 6 Charges for use of electronic certification system

1

For industry users that access the Ministry’s electronic certification system, charges based on the following formula are payable in respect of each database request and each second of time spent on the server:

(cost per request + cost per second) × appropriate percentage

where—

cost per request is the amount fixed from time to time by the Director-General by notice under section 167(1)﻿(ma) of the Animal Products Act 1999 for each database request, having regard to clause 2

cost per second is the amount fixed from time to time by the Director-General by notice under section 167(1)﻿(ma) for each second of time on the server, having regard to clause 2

appropriate percentage is,—

(a)

for industry users of a class for which recognised agency use of the electronic certification system is not required, 55%:

(b)

for all other industry users, 100%.

2

In setting any cost per request or cost per second, the aim is for these costs to reflect usage of the electronic certification system for the relevant year or other period, with regular updating if appropriate.

3

This Part applies to all users of the electronic certification system.

Part 7 Ministry verification charges

Preliminary provisions

1

The charges set out in this Part apply where any verification function under the Animal Products Act 1999 is carried out by an officer or employee of the Ministry.

2

The charges set out in this Part are exclusive of goods and services tax, and goods and services tax on these charges will be added to the total invoice.

3

In this Part,—

a 4 × 10 hour day roster means designated hours of work that are identified by the employer as a 4 × 10 hour day roster

after-hours callout charges refer to charges payable for hours where a veterinary or non-veterinary verifier performs verification functions at any place or premises outside normal agreed hours of work, and are chargeable for those hours in substitution for any establishment or circuit charges

breakfast shift refers to the situation where the verification functions carried out by a verifier in any day are commenced before 6 am

circuit charges refer to charges payable in respect of any place or premises where the verification or advice functions are performed by Ministry staff who are not permanently or semi-permanently based at the place or premises

disestablishment charges means the charges payable in respect of the disestablishment of the position of a veterinary verifier due to the closure of an operator’s premises or the reduction of operations at those premises

double time refers to overtime hours worked by a verifier for which the verifier is entitled, by his or her employment contract, to double time rates

establishment charges refer to charges payable in respect of any place or premises where the verification functions are performed by Ministry verifiers who are permanently or semi-permanently based at the place or premises

non-veterinary verifier means a verifier who is not a veterinarian registered under the Veterinarians Act 2005

penal rate 0.5 means—

(a)

the rate per hour of penal time worked by an employee during the period between midnight and 2 am Monday to Thursday; and

(b)

the rate per hour of the first 3 hours of penal time worked by an employee during the period between—

(i)

midnight at the end of Friday; and

(ii)

midday Saturday; and

(c)

the rate per hour of penal time worked by an employee for the 9th and 10th hour between 6am and 10pm when an employee worked a 4 × 10 hour day roster between Monday to Friday

penal rate 1.0 means—

(a)

the rate for every hour of penal time worked by an employee during the period between 2am and 6am Monday to Friday other than hours to which penal rate 0.5 applies; and

(b)

the rate for every hour of penal time worked by an employee during the period midnight at the end of Friday to midnight at the end of Sunday other than hours to which penal rate 0.5 applies; and

(c)

the rate for every hour of penal time worked by an employee on a statutory holiday; and

(d)

the rate per hour of penal time worked by an employee for the 9th and 10th hour between 10 pm and 6am when an employee worked a 4 × 10 hour day roster between Monday to Friday

penal rate 2.0 means the rate for every hour of penal time worked by an employee other than hours to which penal rate 0.5 and 1.0 apply

penal time refers to hours worked by a verifier for which the verifier is entitled, by his or her contract of employment, to penal rates, being hours (other than overtime) worked within a 40-hour week from Monday to Sunday or on a statutory holiday

reserve rate refers to the rate for hours worked by a reserve verifier

reserve verifier means a temporary veterinary verifier or supervising veterinary verifier who undertakes the work of an establishment verifier while that verifier is on annual leave or is otherwise absent on a temporary basis

shift rates refers to the rates applicable to the case where a verifier is entitled, by his or her employment contract, to extra remunerations for working shifts

supervising veterinary verifier means a veterinary verifier who has prime responsibility for the verification functions at a place or premises

time and a half, or 1½ time, refers to overtime hours worked by a verifier for which the verifier is entitled, by his or her employment contract, to time and a half rates

veterinary verifier means a verifier who is a veterinarian registered under the Veterinarians Act 2005.

1

Establishment charge

A

Basic hourly charge on export and game sectors

For each hour normal time (but not penal time hours or 1½ or double time hours) spent by a verifier in verification functions

(1)

Hourly rate for recognised persons who are employees of the Ministry undertaking specialist functions and activities necessary for the export of live animals or germplasm:

(a)

a minimum charge for up to the first 30 minutes

93.15

(b)

for each complete hour after the first half hour

186.30

(c)

for each 15-minute block after the first half hour

46.58

(2)

Hourly rate for services undertaken by an employee of the Ministry, on behalf of an exporter, to negotiate with the importing country alternative measures for meeting access requirements for overseas markets:

(a)

a minimum charge for up to the first 30 minutes

93.15

(b)

for each complete hour after the first half hour

186.30

(c)

for each 15-minute block after the first half hour

46.58

(3)

Hourly rate for services undertaken by an employee of the Ministry, on behalf of an exporter, to negotiate new access requirements for overseas markets (except for exporters of cats and dogs):

(a)

a minimum charge for up to the first 30 minutes

93.15

(b)

for each complete hour after the first half hour

186.30

(c)

for each 15-minute block after the first half hour

46.58

Callout charges

Callout charges for recognised persons who are employees of the Ministry undertaking specialist functions and activities at any place or premises outside normal agreed hours of work and necessary for the export of live animals or germplasm:

(a)

where an employee is entitled, by his or her contract of employment, to time and a half rates

252.17 per hour or part of an hour

(b)

where an employee is entitled, by his or her contract of employment, to double time rates

318.04 per hour or part of an hour

(c)

where an employee works on a public holiday within the meaning of the Holidays Act 2003

845.13 per day or part of a day, plus

211.28 for each hour or part of an hour worked

Schedule 2 Levies

rr 5, 6, 10

Preliminary provisions

1

The levies set out in this schedule are payable by—

(a)

operators of risk management programmes in respect of operations under the programme:

(b)

(c)

(d)

(i)

a risk management programme and who undertake primary processing of fish and bivalve molluscan shellfish; or

(ii)

the regulated control scheme set out in the Animal Products (Regulated Control Scheme—Limited Processing Fishing Vessels) Regulations 2001.

2

The levies set out in this schedule are payable irrespective of who performs any verification or other function in relation to the processing operations.

3

The levies set out in this schedule are exclusive of goods and services tax, and goods and services tax on those levies will be added to the total invoice.

4

In any case, a minimum levy of $77.50 (excluding goods and services tax) is payable under this schedule.

5

In this schedule, dual operator butcher, homekill, and recreational catch have the meanings given to them in section 4(1) of the Animal Products Act 1999.

1

Levies per head where animals slaughtered and dressed

The following levies are payable by the operators (not being homekill or recreational catch service providers) of premises or places where the animals specified are slaughtered and dressed, on the basis of the number of animals slaughtered and dressed:

Operators that process wholly or partly for export

Operators that process only for consumption within New Zealand

Lambs, bobby calves

$0.135 per head

$0.04 per head

Goats

$0.12 per head

$0.04 per head

Sheep

$0.157 per head

$0.04 per head

Pigs

$0.31 per head

$0.09 per head

Cattle

$0.974 per head

$0.25 per head

Horses

$0.86 per head

$0.25 per head

Deer

$1.38 per head

$1.04 per head

Ostriches, emus

$22.00 per head

$3.50 per head

Poultry

$0.004430 per bird

$0.004430 per bird

Other species (other than fish)

$0.27 per head

$0.27 per head

2

Annual levies for fish

The following levies are payable on the basis of greenweight tonnage of fish or bivalve molluscan shellfish processed on the fishing vessel:

(a)

primary processors of fish other than bivalve molluscan shellfish

$0.20 per tonne of fish—

(a)

processed on a fishing vessel that are—

(i)

filleted at sea for consumption in New Zealand; or

(ii)

otherwise processed at sea for consumption in New Zealand and that are not delivered to an onshore primary processor (except for the purposes of storage or transport); or

(b)

processed by an onshore processor except for fish that are—

(i)

filleted at sea for consumption in New Zealand; or

(ii)

otherwise processed at sea for consumption in New Zealand and that are only transported or stored by the onshore processor; or

$0.50 per tonne of fish—

(a)

processed on a fishing vessel that are—

(i)

filleted at sea for export; or

(ii)

otherwise processed at sea for the purposes of export and that are not delivered to an onshore primary processor (except for the purposes of storage or transport); or

(b)

processed by an onshore processor except for fish that are—

(i)

filleted at sea for export; or

(ii)

otherwise processed at sea for the purposes of export and that are only transported or stored by the onshore processor

(b)

primary processors of bivalve molluscan shellfish

$1.50 per tonne of bivalve molluscan shellfish processed (if an operator processes only for consumption in New Zealand); or

Regulation 4 amends regulation 9 of the principal regulations, which relates to the Director-General’s power to grant exemptions and waivers under the principal regulations. The amendment inserts a reference to the circumstances described in section 112Z(1) of the Animal Products Act 1999 (the Act), which covers applications made under section 107 by 1 person for more than 1 type of recognition, applications made under section 112C by 1 person to renew more than 1 type of recognition, and persons liable under section 112F to pay a prescribed fee, charge, or levy for ongoing recognition under more than 1 of sections 101 to 105 of the Act.

Regulation 5 amends regulation 10 of the principal regulations, which relates to GST. The amendment is to provide that fees, charges, and levies in Schedules 1 and 2 are exclusive of goods and services tax.

Regulation 6 inserts new regulation 10A into the principal regulations. New regulation 10A provides that the Director-General may require a person to provide specified information for the purpose of calculating the amount of levy payable by the person. The information concerned relates to fish and bivalve molluscan shellfish, lambs, bobby calves, goats, sheep, pigs, cattle, horses, deer, ostriches, emus, and poultry. Additionally, the regulation provides that, if the Director-General requires a person to provide information under this regulation, but the information is not provided or is not provided within the time required, the Director-General may give the person an estimate of the levy payable and proceed to recover the levy amount owing on the basis of the estimate.

Regulation 7 replaces Schedules 1 and 2 of the principal regulations. The new schedules set out the new rates of fees, charges, and levies.

New items include—

a minimum fee of $77.50 for services related to changes to risk management programmes:

Reprints notes

1 General

This is a reprint of the Animal Products (Fees, Charges, and Levies) Amendment Regulations 2015 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.